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HOLIDAY RENTAL AGREEMENT:
TERMS & CONDITIONS

Your agreement is with Owners (“we”, “us” and “our” in these Terms and Conditions) for the property known as the Property. References to “you” or “your” are references to the person making the booking and all members of the holiday party staying at the Property. These Terms and Conditions form the basis of your agreement with us so please read them carefully. Nothing in these Terms and Conditions affects your normal statutory rights under New Zealand law

A. Making your booking

When you book the Property with us, your payment of the Initial Deposit will confirm your booking. You will need to accept these terms and conditions and sign the Rental Agreement when completing pre-check-in via our Guest App (Wishbox). You will receive an email with a link for pre-check-in 45 days prior to your arrival, or immediately if you have booked within that timeframe. If you have been quoted for and have indicated the number of persons staying in your party, please note that any extra persons, including any children, who stay at the Property, will incur an extra fee and charge if they were not included in the original requested quote. If you exceed the maximum number of persons staying on the Property, we reserve the right to retain your Security Deposit in full and this Agreement may be terminated without refund. Any binding agreement between us will only be formed when you have provided the details required via pre-check-in in the Guest App and have signed the Rental Agreement, and it is subject to the Terms and Conditions of this agreement. We reserve the right to refuse any booking prior to the signing of the terms and conditions. If we do this we will promptly refund any money you have paid to us. If you breach any of these Terms and Conditions, we reserve the right to cancel your booking and retain the deposit. You should carefully check the details of our written confirmation and inform us immediately of any errors or omissions. Your booking is made as a holiday rental tenant for the purpose of a holiday and you acknowledge that no liability can be accepted for any business or other losses howsoever suffered or incurred by you.

B. Paying for your booking

You are required to make payments according to the following schedule:

- Deposit: 50% of the total booking value due to secure the booking
- Balance: 30 days prior to arrival
- Security deposit: 1 day prior to check-in

*Please note, bookings made via Airbnb will be subject to the payment terms and conditions as set out on the portal.
By paying a deposit, you authorise us to automatically process the balance from the card on file, and withhold the security deposit from the card on file as they are due. If we are unable to process any payment due to us in full and on time, and you do not remedy the payment failure within 24 hours, we may treat your booking as cancelled by you. The Initial Deposit is to secure your booking and is refundable at our discretion. If we are able to rebook the Property for some or all of the period of your booking, it is at our discretion to refund all or any part of your Initial Deposit, but we are, in any event, not obliged to if we are unable to re-book the Property. We will hold the Security Deposit to be applied against the reasonable cleaning and/or replacement of the property, furnishings, fixtures and fittings. We will return the Security Deposit to you within 7 days of the return of the keys to us, less any deductions in accordance with the Terms and Conditions of this rental property. This includes any individual requirements, which may be notified from time to time in the Property. All payments of the amounts due must be net of any bank or other transaction charges.

3. If you cancel or amend your booking

If you need to cancel or amend your booking you must telephone us on the number shown on our written confirmation as soon as possible or contact us on the email address we provide to you. You will also be required to confirm your cancellation in writing or by email to the addresses shown on our written confirmation. A cancellation will not take effect until we receive written confirmation from you. If you cancel your booking more than 60 days prior to the Arrival Date, we will refund any money you have paid to us minus a $100 cancellation fee. If you cancel your booking between 31 and 60 days prior to the Arrival Date, we reserve the right to retain any money you have paid to us. If you cancel within 30 days of arrival, we will retain all money you have paid to us, including the final rental amount, excluding cleaning fees which we will refund to you less the credit card fees associated with that charge. Any other arrangement is at the Owner’s discretion.

4. If we cancel or amend your booking

We would not expect to have to make any changes to your booking, but sometimes problems occur and we do have to make alterations or, very occasionally cancel bookings due to unforeseen circumstances (e.g. fire, damage, etc.). If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your booking and, if it is necessary to cancel your booking, we will refund the balance of any money you have paid us.

5. Your accommodation

You can arrive at your accommodation after the Check in time on the Arrival Date of your holiday and you must leave by the Check out time on the Departure Date unless arranged otherwise with our Manager. If have not arranged a late check out with the Manager and are late leaving, a late fee may be charged and taken out of your Security Deposit according to the timing of your departure. This fee charged is at the discretion of the Manager and is done to ensure the property is ready and available for the next arriving guest. If your arrival will be delayed, you must contact us via our Guest App, to ensure that alternative arrangements can be made directly. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the Manager of your anticipated late arrival we may treat the booking as having been cancelled by you. You also agree to provide a copy of your credit card and passport or driver’s license details Via our Guest App during the online pre-check-in process.

6. Your obligations

Compliance with terms: You agree to comply with the terms of rental herein and any other terms reasonably made from time to time and notified to you. You are responsible to ensure that all members of your party, as well as any visitors to the Property, observe these terms. You are responsible for all visitors and guests you permit to enter the Property and for any damage they may cause. Condition of property: You agree to keep and leave the Property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition. You also agree to ensure all electrical equipment and white goods are left clean and in good condition. Any issues with any contents in the Property must be notified immediately to the Manager so that we may rectify any damage or any breakage. You agree not to cause any damage to the walls, doors, carpets or windows of the Property, nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties. All properties are smoke-free, and where the listing is pet free, you are asked to abide by these requirements strictly. Otherwise we may require additional payment for any cleaning of furniture, walls, carpets etc in order to extinguish any damage caused by either the smokers or pets. Any lost or damaged keys, key cards, remote controls or other items will incur fees at the discretion of the Manager. General: You agree to take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or loss of such property, except where the damage or loss is caused by our negligence. We are not liable for any injury or loss that you or any of your invited guests may sustain while you staying at our Property. You are not permitted to allow more people to stay in the Property than expressly authorized, nor can you significantly change the makeup of the party during your stay in the Property. If you do so, we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the booking by you. Departure: You agree to leave the Property no later than the specified Check Out time on your departure date. Late departure is subject to prior arrangement and availability and will incur extra charges. We ask that you leave the Property clean, tidy, dishes cleaned and put away and garbage taken out etc. Should you leave the Property in a state that requires additional cleaning, this cost will be taken out of your Security Deposit. We also ask that secure the Property and ensure you close and lock all windows and doors before leaving. Children: Please check if children are allowed to stay in the property. Age restrictions sometimes apply to a Property when it is not equipped nor is it an appropriate or suitable rental for young children due to the number of hazardous objects or because there are no provisions for small children. Should there be an age restriction specified and should you have any visitors with young children, we ask that they be well supervised. Noise: We would also ask that you consider your neighbours and not have loud music or parties that may disturb others nearby. If complaints are made about ‘excessive’ noise or police enforcement are called or if neighbours are continuously disturbed, we may ask you to leave and treat this as a cancellation and breach of the Terms and Conditions of this Agreement. You will not receive a refund and extra charges may be applied for security and other expenses. Pets: Pets are only permitted if expressly indicated. If they are permitted, they are not allowed on the furniture and Pet owners are responsible for cleaning up after their Pets both inside and outside the Property. You will only be able to bring a pet if you have paid the pet fee via our Guest App. If there is no option to pay the pet fee, you may reasonably assume pets are not allowed in the property. Departure cleaning: Before departure, all food must be removed from refrigerators, rubbish put outside in the bins provided and all crockery and cutlery washed and packed away. The Property must be left in a clean and tidy condition. We charge a nominal departure cleaning fee that does not cover our full costs. Should the Property be left in a condition which requires extra attention by our cleaners, including emptying refrigerators, removal of rubbish, washing dishes, emptying dishwasher, more than one load of laundry (excluding sheets on beds), we will charge you an additional fee, deducted from your Security Deposit. Repairs: We hope you will advise us immediately of any repairs, damage or breakages that may have arisen or where repairs need to be made as soon as possible. You agree to allow us or any representative of ours access at any reasonable time during your stay for the purpose of essential repairs. Security deposit: Your Security Deposit (which is withheld from your credit card) will be released within 7 days of your departure provided that you have not caused damage, stained, broken or there are any missing items noted by the Manager after their inspection. Your deposit will be refunded in full provided there is no damage to:

• Property or furnishings
• Dirt or other mess, laundry, garbage which requires additional cleaning
• Lost or damages items, including keys, remote control, walls or carpets and
• Any other cost incurred by Owners due to Holiday renter’s stay.

7. Any complaints or problems

Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible. It is essential that you contact the Manager if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. If any complaint or issue cannot be resolved during your holiday, you must write to us with full details within 28 days of the end of your stay.

8. Governing law

This Rental Agreement between you and us is governed by the laws of New Zealand and we both agree that any dispute, matter or other issue which arises between us will be dealt with by the Courts of New Zealand.

Terms and Conditions

Last updated: October 31, 2022


Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Australia.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Uptown Booking Engine.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Uptown Booking Engine, accessible from https://34f90ad4-ffb0-4033-8d4e-39a293c08358.weweb-preview.io/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions,
  • You can contact us:

    By visiting this page on our website: https://34f90ad4-ffb0-4033-8d4e-39a293c08358.weweb-preview.io/contact-us/ 

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If you would like to list your property with us for short-term stays, please get in contact using the Contact Us form on the page to the right.

If you are interested in talking to us about long term management for your property, please reach out to us at:

Bayleys Property Management
03 443 6921
rent@bayleyspmw.co.nz